Looking for an immigration lawyer? Don’t fall for these scams

It’s been 24 years since a woman now residing in San Francisco last saw her eldest children in Guatemala.

“I’ve given everything trying to find a way to visit my children there,” said the woman, who works cleaning houses. She now has a young son here in California, and because she is undocumented, she risks being unable to reenter the U.S. if she ever travels back to Guatemala. (KQED is not using the woman’s name because she fears being detained or deported if publicly identified due to her immigration status.)

“All this time here, I’ve never found a way to figure out my situation,” she said. “When you’re trying to see the people you love once more, you’re willing to do anything.”

And unfortunately, her desperation made her a target for fraud, she said.

‘Fear and uncertainty’

While scrolling Facebook in 2023, she saw a post from a man claiming to be a successful immigration lawyer — with experience handling complicated cases like hers. After she messaged him, “He promised that he could make me a permanent resident within three months,” she said.

In exchange, she sent over her personal documents and $500 via money order. But when she tried contacting the California law firm where the man claimed to work, the office told her he wasn’t employed there.

When a family friend suggested they ask the man for his law license, “That’s when he got very defensive and just kept asking why I would want that,” she said. “After that call, he blocked me.”

That’s when she realized: “He pretended to be a lawyer, and he scammed me.”

This woman’s experience is not unique. Every year, immigrant families across California fall prey to individuals claiming to be immigration lawyers, and President Donald Trump’s aggressive deportation policy has made many in the undocumented community desperate to find any type of legal help.

State officials now are asking people to be on high alert for potential fraud amid this tense environment.

California Attorney General Rob Bonta fields questions during a press conference on Monday, Aug. 28, 2023, in Los Angeles.

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“Families across the country are experiencing fear and uncertainty as a result of President Trump’s inhumane immigration agenda — and scammers are paying attention,” Attorney General Rob Bonta said in a statement released July 27.

Keep reading for what to know about immigration fraud and how to spot a potential scam.

The types of immigration fraud to watch for

When seeking legal help for an immigration case, fraud can happen in different ways and can be perpetrated by different kinds of people:

Notario fraud

When a U.S.-based notary public insists to prospective clients they are qualified to give legal advice, despite this being untrue. 

In many Latin American countries — including Mexico, Colombia, and Argentina — notaries, or notario públicos, are trained as lawyers. This means that in these countries, they can prepare important legal documents like wills and contracts.

Victims incorrectly believe this is also true in the U.S. legal system, even though notaries and lawyers are two completely different professions in the U.S. Jump straight to more information about notario fraud.

Invalid legal license

When someone who previously worked as a lawyer in their country of origin claims they can offer legal services in the U.S.

In most legal proceedings, the lawyer who represents you must be licensed in the state where you are, but for immigration law, your lawyer can be licensed in any U.S. state or territory. However, they must be certified to practice law in the U.S., not another country.

Identity fraud

When an individual claims to be a licensed attorney but they have no professional legal background whatsoever or impersonate the identity of a real-life lawyer.

“Immigration services is not something that just anyone can do,” said Hugo Meza, Santa Clara County deputy district attorney. For years, Santa Clara County officials have worked to identify and stop individuals falsely claiming to be immigration attorneys.

“These bad actors will sometimes take all the money and never render any services,” he said. But what could be even worse, said Meza, is when a fraudster actually does provide a legal service, “and then they provide it in a wrong way.”

This, Meza said, “can really ruin someone’s chances in a complex legal process.”

Who can actually offer legal services for an immigration case?

In the U.S., only an attorney licensed by a state bar can represent someone in court, that is, someone accredited by the professional association that sets quality standards for legal services in your state.

However, immigration law is federal, and any person licensed in any U.S. state or territory can practice it. This means you can be represented by a lawyer licensed in a state different from where you live.

“Attorneys can handle all aspects of a case; they can represent someone before an immigration office and even give legal advice,” Meza said. “But in order to have that authority, you must overcome a lot of layers of scrutiny.”

For someone to work as an attorney in California, they must:

• Graduate from law school (a law degree is different from an undergraduate degree) or successfully complete an apprenticeship with the Law Office Study Program;
• Pass the state Bar Examination, the test all attorneys must pass if they want to practice law in California; and
• Maintain their certification and stay in good standing with the state Bar Association, which investigates cases of attorney misconduct.

When looking for an immigration attorney, you may also see ads for “immigration consultants.” These are professionals who can translate important documents, help you complete certain applications or provide general background information on the American immigration system.

“But not anyone can decide to be an immigration consultant,” Meza said, and these people have to conform to certain regulations, too. California requires that every person offering services as an immigration consultant must:

• Pass a background check with state officials;
• Be registered with the secretary of state’s office; and
• Secure a $100,000 bond from an insurer or surety company to establish trust with clients.

What should you know about choosing a trustworthy immigration lawyer?

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Why can’t a notary help me in my immigration case?

“Notaries here typically don’t have any special qualification to do any kind of immigration law,” said Ronald Lee, San Francisco deputy city attorney. But some notary publics incorrectly promote themselves to suggest they offer immigration services, he said.

“By saying that they are notarios, they are causing confusion for a lot of people in terms of their actual qualifications,” Lee said.

In the U.S., the role of notaries is to “notarize” important documents, like a contract or copies of personal documents, like a passport.

This means they confirm that the person presenting the document is who they say they are, and if the document involved is a contract, that the parties signing it are willingly entering into this agreement.

“In no way, shape, or form do they have the same responsibilities as a lawyer,” Meza said.

What are some red flags to spot a potential immigration scam?

When someone has worked for years and had to pass through multiple levels of accreditation, they should be willing to talk about this, Meza said.

“If you ask people about their background in this field and they don’t want to talk about it?” he said. ”That’s a red flag.”

The most important question you can ask to confirm that this person actually is licensed to practice law is: “What is your attorney bar number?”

Why: Licensed attorneys must have received a number specific to them from the state bar. You can then look this number up online in the state Bar of California’s attorney search tool to make sure who you’re speaking to is telling the truth about who they are.

If this attorney shares that they are licensed in another state, they can still represent you — but it’s a good idea to nonetheless look them up in their home state’s bar. Most states have an attorney search tool available online. Experts recommend you confirm an attorney’s bar number before making any payments — or sharing your personal documents with them.

Some questions you can also ask to make sure that this person can provide you with the legal services you are looking for:

• “Have you worked on cases similar to mine?”
• “Are you a member of any professional groups or organizations related to immigration law?”
• “Where can I find more information about you online?”

Other red flags to watch for when it comes to verifying your immigration lawyer:

Blank documents: If you are asked to sign a blank form and told that everything else will be taken care of, be wary. A blank document can later be altered, and you may find yourself in a contract you did not actually agree to.

“Always ask for copies of everything. Get everything explained to you,” Meza said.

Cash only: Stay alert if you are told that only cash payments are accepted.

“Fraudsters want to do stuff under the table. They don’t want a lot of paper trail,” Meza said.

Costs keep increasing: “They’re always saying that a hiccup came up and they’re asking for more and more money,” Meza said. “That’s a big red flag.”

Before you sign anything, make sure you and your attorney have clearly established how much you will pay for their services.

Overly optimistic promises: Immigration law is extremely complicated, and many immigration benefits can take many months, if not years. Be wary of people promising you very quick, positive results.

“In the legal field, you never know what might come out in a trial or how a judge might decide a case,” Meza said. “If anyone’s promising you a specific permit or immigration status, that’s also someone who I would probably turn away [from] and look for someone else.”

What should you know about choosing a trustworthy immigration lawyer?

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Can someone who is only licensed to practice law in another country help me?

San José immigrant organizers recently told KQED they’re aware of individuals offering immigration legal services when they are only certified to practice law in their home country, but not in the U.S.

According to U.S. Citizenship and Immigration Services, any attorney who offers legal representation must be eligible to practice law in a U.S. state or territory or the District of Columbia. They must also be in compliance with the professional standards set by their state’s bar.

If someone claims to be an attorney in another country but they are not licensed anywhere within the U.S., they cannot offer you legal services as a lawyer in the U.S.

If they are a lawyer but licensed in another state — Texas, for example — they can offer immigration legal services to someone living in California. This is because immigration law is federal, and a person licensed in any U.S. state or territory can practice it.

If you connect with an immigration attorney in another state, experts still recommend that you verify that they have a valid license.